MUKIS Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This application in revision has been filed by the revisionist against the order dtd. 16/11/2021 passed by learned Addl. Principal Judge, Family Court, Court No. 01, Aligarh in Case No. 707 of 2017 (Smt Hasin Bano and another Vs Mukis), under Sec. 125 Cr.P.C, PS. Akrabad, District Aligarh whereby the court below had directed the revisionist to pay Rs.3,000.00 to opposite party no. 2 and Rs.2000.00 to her son from the date of application.

(2.) It is very fairly contended by learned counsel for the revisionist that the court below allowed the application of maintenance filed under Sec. 125 Cr.P.C. by the opposite party no. 2 by awarding total maintenance to the tune of Rs.5000.00 per month from the date of application, which could not be complied with by the revisionist on account of financial difficulties. Learned counsel for the revisionist at this stage submitted that the revisionist is not in a position to pay the entire amount which is sought to be recovered from him due to his poor financial condition and some time may be given to him to deposit the said amount.

(3.) Submissions have been made by the learned counsel for the revisionist that opposite party no.2 is residing away from her matrimonial house on her free will along with her parents without any rhyme and reason. It was argued that the revisionist has no permanent source of income and he is not in a position to to give such huge amount of maintenance to the opposite party no. 2 and his son and the court below had wrongly assessed the income of the revisionist while passing the impugned order. It was further argued that the trial court has allowed maintenance allowance to the opposite party no. 2 from the date of application without assigning any specific reason.